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HomeMy WebLinkAbout2011-10-21 Police Commission Minutes HAWAI‘I POLICE COMMISSION REGULAR SESSION MINUTES OCTOBER 21, 2011 WEST HAWAI‘I CIVIC CENTER CALL TO ORDER Chair Mende called the meeting to order at 9:10 a.m. ROLL CALL Present: Donn S. Mende, Chair Leroy J. Victorine, Vice Chair Paul W. Horner, Commissioner Carol R. Ignacio, Commissioner Kenneth T. Ono, Commissioner Michael B. Sumja, Commissioner Excused: Michelle L. Kualii, Commissioner T. Ka`ili Pe`a-Ferrari, Commissioner Also Present: Paul Ferreira, Deputy Police Chief Marshall Kanehailua, Assistant Chief Paul Kealoha, Assistant Chief Henry Tavares, Assistant Chief Samuel Kawamoto, Captain James O’Connor, Captain Molly Lugo, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Ignacio moved to approve the agenda. Commissioner Sumja seconded the motion, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS ERIN MILLER of West Hawai‘i Today stated that she wrote an article on a proposed public shooting range. She asked if the police department would consider using this shooting range instead of building one for their own use. APPROVAL OF MINUTES OF SEPTEMBER 9, 2011 Vice Chair Victorine moved to approve the minutes. Commissioner Ignacio seconded the motion, and it carried unanimously. COMMUNICATIONS Correspondence No. 2011-12, request for representation by Corporation Counsel for Police Chief Harry Kubojiri in Civil No. CV 11-00516 SOM-BMK. Correspondence No. 2011-13, request for representation by Corporation Counsel for Police Lieutenant Gregory Esteban and Police Officers John Stewart, Corey Hasegawa, and Casey Cabral in Civil No. CV11-00512-BMK. Hawai‘i Police Commission Regular Session Minutes October 21, 2011 Page 2 Correspondence No. 2011-14, request for representation by Corporation Counsel for Police Detective Brian Prudencio and other named defendants in Civil No. 10-1-0099. Vice Chair Victorine moved to accept Correspondence 2011-12, 13, and 14 and to have discussion in executive session. Commissioner Sumja seconded the motion, and it carried unanimously. Maui Police Commission Minutes of August 17, 2011. Honolulu Police Commission Minutes of July 20, August 3 and 17, and September 7, 2011. Vice Chair Victorine moved to accept the minutes of the Maui and Honolulu Police Commissions. Commissioner Ignacio seconded the motion, and it carried unanimously. CHIEF’S REPORT ON POLICE DEPARTMENT ACTIVITIES Including: Crime: Assistant Chief Henry Tavares summarized the written report. Miscellaneous public assistance calls take a lot of their time. It might not be crime related, but it could prevent crime. Domestic related incidents are classified as a crime if someone is injured. They would expect crime to escalate during the holiday season, but looking at the statistics from previous years, there is no real spike during the holiday season. Traffic: Assistant Chief Paul Kealoha summarized the written report. Personnel (Including, but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.): Assistant Chief Marshall Kanehailua reported that a number of officers will be promoted on November 16. A new recruitment for Police Officer I will start October 16 and close October 28. Written tests will be given in Hilo and Kona. They recently filled the account clerk position and are in the process of filling other vacancies. They lost their two evidence custodians in Kona. Assistant Chief Kanehailua reported on CALEA. They are in a self-assessment stage to meet required standards and compliance issues. He will provide the commission with the standards. They anticipate accreditation in 2012. Finance: Assistant Chief Kanehailua reported that they are meeting with all commanders to go over their budget.They are still below their budgeted expenditures. They will be presenting their draft to County Finance on November 1. Chair Mende expressed concern over funds not being available for maintenance. Commissioner Ignacio asked what happens when they hire officers with grants and Hawai‘i Police Commission Regular Session Minutes October 21, 2011 Page 3 the money runs out. Assistant Chief Kanehailua stated that the funds have to be approved by the Council and then the Mayor. Deputy Chief Ferreira will speak about this. Commendations: Deputy Chief Paul Ferreira reported receiving eleven commendations since the last meeting. Other Departmental Activities: Deputy Chief Ferreira reported that Chief Kubojiri is attending an International Conference of Police Chiefs in Chicago. Deputy Chief Ferreira reported that their budget is sent to the County Finance Budget Office. In January they will meet with the Budget Office. Police commissioners have sat in on the meeting.They have a separate account for fleet maintenance, but they do not have enough money budgeted to maintain the fleet. As the vehicles get older, they need more maintenance. Deputy Chief Ferreira reported that in 2011 they were granted six vacant positions. For past grants, the county would fund 25% and the federal government would fund 75%. The funds are only for three years, and the county has to guarantee that they will have funds one year after that. They will look at attrition, etc., in order to keep the positions. Deputy Chief Ferreira reported that Captain O’Connor has been promoted to Major of Kona Operations. Captain Kawamoto will replace him and will be transferred to Hilo in the Criminal Intelligence Unit/Internal Affairs. Deputy Ferreira reported that they have had discussions in the past with the people who are developing the firing range. The county would be the one to assume the liability. If they develop their own range, they wouldn’t have any scheduling and liability issues with the public. They would love to explore what is out there. Commissioner Victorine stated that the liability factor is really strong. If they have control of the site and someone wanders on the site and gets hurt, the liability is great. If they have an enclosed area, that eliminates the liability. NEW BUSINESS Discussion on forming an investigative committee for the purpose of reviewing the Police Department’s Vision/Mission Plan. Chair Mende stated that previously, they discussed the formation of a committee to investigate how they could support the police department’s vision/mission plan. He asked if anyone wanted to chair the committee. Commissioner Ono volunteered to chair the committee. Deputy Corporation Counsel Lugo stated that they could have less than a quorum on the committee. Commissioners Horner, Sumja, and Ignacio volunteered to be on the committee. Hawai‘i Police Commission Regular Session Minutes October 21, 2011 Page 4 Commissioner Ono stated that they will try to meet in Waimea and get organized. He asked that they bring various topics and ideas. The discussion about the shooting range might be one because they are looking at a two to three year time horizon, and they want discussion and input. They could have the Chief or someone else from the department at the meeting. The first or second meeting would be organizational topics. They will be looking at a longer time horizon. They will give progress reports to the commission. He would like to have a meeting before the commission’s next monthly meeting. He’ll work with Ms. Pelayo. They should have someone from the police department or another representative present at the meeting. This will be a collaborative endeavor. Police officers and the administration are very busy with day-to- day things. The commission is trying to assist them by looking away from the day-to- day and looking further down because two years will go by in a hurry, and they will realize things have not been done. Commissioner Ono moved to form an investigative committee for the purpose of reviewing the police department’s vision/mission plan, to have himself chair the committee, and to appoint Commissioners Horner, Sumja, and Ignacio as committee members along with him. Commissioner Horner seconded the motion, and it carried unanimously. Commissioner Ono questioned if it would be a problem to have another commissioner attend the meeting. Deputy Corporation Lugo stated that it would be a problem. Her understanding is that the committee is an investigative committee. It’s less than quorum, and not subject to the Sunshine Law. It does not have to be open to the public. They can have interaction outside of a publicly noticed meeting for the purpose of fulfilling their mission as an investigative committee. It is not intended to be secret. This way, they can have discussion that is not in a meeting setting. Commission members who are not on the investigative committee cannot have communications with the committee members. Communications should be done through the whole commission in the context of a police commission meeting. Recess was called at 10:15 a.m. The meeting reconvened at 10:27 a.m. EXECUTIVE SESSION Vice Chair Victorine moved to meet in executive session to consider discipline and charges against officers or employees of the Hawai‘i Police Department, to consider sensitive matters relating to public safety, and to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92-5 (a) (2) (4) (5) and the Hawai‘i County Charter Section 13-20 (b). Commissioner Sumja seconded the motion, and it carried unanimously. Executive session convened at 10:28 a.m. Regular session reconvened at 12:40 p.m. Hawai‘i Police Commission Regular Session Minutes October 21, 2011 Page 5 ACTION ON EXECUTIVE SESSION MATTERS Correspondence No. 2011-12, request for representation by Corporation Counsel in Civil No. CV 11-00516 SOM-BMK for Police Chief Harry Kubojiri. Correspondence No. 2011-13, request for representation by Corporation Counsel in Civil No. CV11-00512-BMK for Police Lieutenant Gregory Esteban and Police Officers John Stewart, Corey Hasegawa, and Casey Cabral. Correspondence No. 2011-14, request for representation by Corporation Counsel in Civil No. 10-1-0099, for Police Detective Brian Prudencio and other named defendants. Vice Chair Victorine moved to approve representation by Corporation Counsel for the officers named in Correspondence 2011-12, 2011-13, and 2011-14. Commissioner Ono seconded the motion, and it carried unanimously. Complaint HPC 11-22: Complainant alleged that an officer’s investigation is a conflict of interest, and that the officer has been showboating and harassing them. Vice Chair Victorine moved that there was insufficient evidence to prove the complainant’s allegations of misconduct. Commissioner Horner seconded the motion, and it carried unanimously. Complaint HPC 11-24: Complainant alleged that questioning of him in an investigation was harassment and that he was lied to. Vice Chair Victorine moved that there was insufficient evidence to prove the complainant’s allegations of misconduct. Commissioner Ono seconded the motion, and it carried unanimously. Complaint HPC 11-25: Complainant complained that the person who assaulted her was not arrested. The complaint was received 132 days from the date of the incident.The commission accepted the complaint beyond the 90-day deadline. Commissioner Ignacio moved that there was insufficient evidence to prove the complainant’s allegations of misconduct against Officer #1. Vice Chair Victorine seconded the motion, and it carried unanimously. Commissioner Sumja moved to refer the complaint to the Chief for customer service and training issues for Officer #2. Vice Chair Victorine seconded the motion, and it carried unanimously. Complaint HPC 11-26: Complainant complained that her assault case from 14 years ago was never resolved. Commissioner Horner moved that they do not accept the complaint for investigation because of the 90-day rule. Vice Chair Victorine seconded the motion. Discussion: They will check if the audio tape of the complainant’s interview during the investigation is still available for complainant to obtain. The motion carried unanimously. Hawai‘i Police Commission Regular Session Minutes October 21, 2011 Page 6 ANNOUNCEMENTS Chair Mende announced that the police commission’s next monthly meeting will be on Friday, November 18, 2011, at 9:00 a.m., at Waimea Civic Center Conference Room, 67-5189 Kamamalu St., Waimea. Collection of files and documents. – Done. ADJOURNMENT The meeting was adjourned at 12:55 p.m. SUBMITTED: Josie Pelayo JOSIE PELAYO, SECRETARY APPROVED: Donn S. Mende DONN S. MENDE, CHAIR